[HISTORY: Adopted by the Borough Council of the Borough of Archbald as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-26-1987]
The following terms, whenever used in this article, shall have the meaning indicated in this § 117-1 except where the context indicates a different meaning.
ANIMAL
Any dog, cat, livestock, poultry or game animal as defined in this article.
AT LARGE
Any dog or other animal not confined within the premises of the owners, and roaming free without proper restraint.
CAT
Species domesticated Felis catus.
COMPETENT PERSON
Any person capable of maintaining adequate control and restraint of the dog or animal should the dog or animal attempt to break free from that restraint.
DOG
The genus and species known as Canis familiaris.
IMPOUND
To seize, apprehend, catch or trap any dog or other animal.
LIVESTOCK
Members of the equine, bovine, ovine, caprine and porcine species, and confined domesticated hares, rabbits and mink.
OWNER
When applied to the proprietorship of a dog, cat, livestock, poultry or game animal, includes every person or group of persons, firms or corporations having a right of property in such dog, cat, livestock, poultry, or game animal, or has such dog, cat, livestock, poultry or game animal in his care and every person who permits such dog, cat, livestock, poultry or game animal to remain on or about any premises owned or occupied by him.
PERSON
Any natural person, partnership, corporation or association.
POULTRY
Includes all domestic fowl.
RESTRAINT
Occurs when a dog or other animal is controlled by a leash or chain, not exceeding six feet in length, and in such a manner that such chain or leash shall prevent such dog or other animal from doing property damage, terrorizing or attacking persons using sidewalks, driveways, or other areas open to the public. Restraint as applied to livestock and poultry shall mean a fence or caged area of sufficient capabilities to prevent the livestock or poultry from straying from the property of the owner.
WILD GAME ANIMALS
All animals, reptiles, birds and fowl generally hunted for sport or food which the keeping of same provide no generally acceptable domestic purpose and shall include all such wild game animals native to the Commonwealth of Pennsylvania, the United States of America and foreign countries.
Confinement of dogs and other animals is required to prevent said dogs and animals from running at large.
A. 
It shall be unlawful for the owner of any dog to fail to keep such dog at all times either:
(1) 
Confined within the premises of the owner.
(2) 
Firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which said dog is secured.
(3) 
Under the control of a competent person using a proper restraint for such dog.
(4) 
Under the reasonable control of a competent person when engaged in lawful hunting, exhibition or field training.
B. 
Livestock and poultry.
(1) 
It shall be unlawful for any person to keep, raise, breed, maintain or harbor any livestock or poultry within the Borough in violation of the provisions of the zoning regulations of the Borough.
(2) 
It shall be unlawful for any owner of any livestock or poultry to fail to keep such livestock or poultry confined at all times to the property of the owner to prevent said livestock or poultry from running at large either:
(a) 
By a fence of sufficient height and strength to contain said livestock or poultry.
(b) 
A penned or caged area of sufficient size, height and strength to contain said livestock or poultry.
(c) 
This § 117-2 shall not prevent the use of livestock for lawful recreation or exhibition purposes, as long as the animal or animals are under the control of a competent person or persons.
A. 
No person shall keep, maintain, harbor, breed or raise wild game animals within the Borough, except those expressly allowed by law.
B. 
This § 117-3 shall not apply to carnivals, circuses, or other entertainment shows which duration of stay within the Borough is for a period not to exceed one week.
C. 
All said wild game animals shall be securely confined so as to prevent their escape.
A. 
It shall be unlawful for any person to keep any dogs, cats or other animals which by frequent howling, barking, baying, yelping or screeching shall disturb the peace of the neighborhoods.
B. 
It shall be unlawful for any person to keep any dog or other animal in such a manner as to constitute a health hazard to the citizens of the Borough.
It shall be the duty of every police officer to seize and impound every dog or other animal found running at large, either on the public streets, highways or sidewalks or other public properties, or upon the property of other than the owner of such dogs or other animals and not restrained by the owner or other competent person acting as the owner's representative.
A. 
It shall be the duty of every police officer who seizes and impounds any dog or dogs or other animals which are running at large to make a reasonable effort to identify or locate the owner of the said dog or dogs or other animals, and to notify said owners of the date and time that impoundment took place and the location at which the owner can recover said dog or dogs or other animals.
B. 
Seizure and impounding fees. The owner or person representing the owner when claiming any dog, dogs, or other animals which are seized and impounded under the provisions of this article shall pay a penalty of $15, plus $5 a day boarding fee and any other reasonable costs incurred in caring for said dog, dogs or other animals; said payments shall be made payable to the Borough Secretary and shall not relieve any person or owners from any of the provisions set forth under § 117-9, Violations and penalties.
It shall be unlawful for any person having control of a dog or other animal, or any dog or animal owner to fail to remove any feces left by his dog(s) or any other animals, on any sidewalk, gutter, street, private property or other public property. The provisions of this article do not apply to a guide dog accompanied by a blind person.
A. 
It shall be the responsibility of the Borough's Police Department to enforce this article as follows: Any person, or owners, who violate the provisions of this article, §§ 117-2, 117-3, 117-4, 117-6 and 117-7 shall be guilty of an offense.
B. 
First offense. All owners and persons discovered to be in violation of §§ 117-2, 117-3, 117-4, 117-6 and/or 117-7 of this article shall, for the first offense, be issued a written notice of violation which shall be recorded and maintained by the Police Department.
C. 
Second and all subsequent offenses. All owners and persons committing a violation of §§ 117-2, 117-3, 117-4, 117-6 and/or 117-7 as a second or subsequent violation shall be issued a citation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 10-21-2020 by Ord. No. 3-2020]
For the purpose of this article, the following terms shall have the meanings ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise. Words not specifically defined in this article shall have their usual and customary meaning
ANIMAL
Any dog, cat, domesticated animal or non-domesticated animal.
BOROUGH
The Borough of Archbald, Lackawanna County, the Council of the Borough of Archbald and any duly authorized agent or representative of the Borough of Archbald or the Archbald Borough Council specifically including, but not necessarily limited to, the Archbald Borough Manager, the Archbald Borough Code Enforcement Officers, and members of the Archbald Borough Police Department.
CAREGIVER
Any person who provides care, food, water, shelter or medical care to feral cats in accordance with a program approved by the Borough of Archbald to trap, neuter, vaccinate, ear-tip, and return feral cats to the location at which they are trapped.
FERAL CAT
An unowned, free-roaming cat that is either partially socialized or unsocialized to humans and resists contact with humans.
LAW ENFORCEMENT OFFICER
For purposes of this article, a law enforcement officer shall include police officers of the Borough of Archbald, the Archbald Borough Code Enforcement Officers and the Archbald Borough Manager.
MOTOR VEHICLE
A vehicle which is self-propelled except one which is propelled solely by human power or electric power obtained by overhead trolley wires, but not operated upon rails.
NUISANCE
An animal shall be considered a nuisance if it habitually trespasses upon or damages either private or public property or annoys or harms lawful owners, users or occupants thereof.
OWNER
Any person having a right of property in, having custody of or who harbors or permits, a dog, cat, domestic animal or a non-domesticated animal to remain on or around his or her property, excluding feral cat caregivers as defined herein.
PERSON
A natural person, firm, partnership, association, corporation or any other legal entity.
POLICE OFFICER
Any person employed by the Borough of Archbald whose duty it is to preserve peace, is authorized to make arrests or to enforce any law, specifically including, but not necessarily limited to, auxiliary policeman.
RUNNING AT LARGE
Any animal that is upon any public highway, street, alley, park or any other public land or upon property of another person, other than the owner of the animal, which is not firmly secured by means of a collar, leash, chain or other device such that it cannot stray, or any animal not accompanied by, or under the immediate reasonable control of, a person, is considered running at large.
SPONSOR
An eligible animal welfare organization specifically appointed by the Borough of Archbald to operate a Trap Neuter and Return Program (TNR Program) in the Borough of Archbald.
STRAY CAT
Any cat allowed to run free off of the property of the person who owns, keeps or possesses said cat.
TRAP, NEUTER AND RETURN PROGRAM (TNR PROGRAM)
A non-lethal approach to feral cat population control in which feral cats are humanely trapped, sterilized, vaccinated, ear-tipped and then returned to the location at which they were originally trapped.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or driven upon any highway, street, road or alley, except devices used exclusively upon rails or tracks.
No person shall allow any animal confined or otherwise kept on that person's premises to make any loud or harsh noise or disturbance which shall interfere with, or deprive the peace, quiet, rest or sleep of, any person within the Borough of Archbald.
A. 
No person shall allow any animal owned by, possessed by or under the control of said person to defecate on any public or private property, sidewalk, walkway or other property of another without immediately cleaning it up by completely removing the feces of said animal from said property.
B. 
Any person with a properly documented impairment of vision or mobility who relies upon a dog specifically trained to assist the person in connection with such a visual or mobility impairment shall be exempt from compliance with this section upon presentation to the Borough of Archbald of proper documentation of such visual or mobility impairment.
A. 
No person shall permit any animal owned by, possessed by or under the control of said person to run at large at any time upon the public streets, alleys, highways, or public grounds of the Borough of Archbald; upon the private property of any other person or upon any property other than property belonging to either the owner or possessor of such animal or to a person under whose supervision or control such animal is being maintained. In public, an animal must at all times either be firmly secured by means of a collar, leash, chain or other restrictive device such that the animal cannot stray, or the animal must be accompanied by, or under the reasonable immediate control of, some person.
B. 
Any police officer or law enforcement officer is hereby authorized and empowered to seize and detain: i) any animal which is found running at large in the Borough of Archbald; ii) any animal which is on any property other than the property of the owner or possessor of such animal; and iii) any animal unaccompanied by the owner or possessor of such animal when such police officer or law enforcement office is in immediate pursuit of such animal.
C. 
The provisions of this section shall apply to all animals found running at large in the Borough of Archbald in violation of this section, irrespective of payment for, or issuance of, any license with respect to the animal involved.
D. 
The Archbald Borough Council is hereby empowered and authorized to engage the services of a qualified and suitable person to enforce the provisions of this section.
Any police officer or law enforcement officer of the Borough of Archbald is hereby authorized to seize, detain and/or impound either any animal running at large in violation of any provision of this article or any animal concerning which information has been received that such animal has been running at large. Any animal so seized shall be held by the Borough of Archbald for up to 48 hours. Immediate notice of such seizure, either by personal notice or by written notice via e-mail or regular mail shall be given to the person in whose name the license for such animal, if any, was issued, or to that person's agent, informing said person that said person is to claim such animal within 48 hours after such a seizure and detention. In the event that the animal seized and detained does not bear a proper license tag, immediate notice of such seizure, either by personal notice or by written notice via e-mail or regular mail shall be given to the person known to be the owner or possessor of such animal, if known, or to that person's agent, if known. The owner, possessor or claimant of an animal so seized and detained for running at large in violation of this article shall pay a fine of $50 to the Borough of Archbald, together with any additional charges as the Archbald Borough Council may set forth from time to time by Resolution of the Archbald Borough Council for the per diem cost of feeding and sheltering any such animal so seized and detained. No animal shall be returned to the owner or possessor of said animal or to the person otherwise claiming such animal until said penalty and expenses and charges shall have been paid in full. If no owner or possessor of any such animal seized and detained is known, the animal may be held by the Borough of Archbald for up to 48 hours.
If, after 48 hours following the notice as set forth in § 117-14 above, or after 48 hours of the seizure and detention of an animal with no known owner or possessor, such animal has not been claimed, the police officer or law enforcement officer shall convey the animal to a shelter, animal rescue, or foster care. No licensed animal shall be adopted, sold or otherwise disposed of unless such licensed animal remains unclaimed for five days after written notification to the licensed owner at the address identified on the license, either via e-mail or certified United States Mail, return receipt requested, at the option of the Borough of Archbald. Where the owner or agent of an unlicensed animal is not known, the police officer or law enforcement officer shall convey such animal to a shelter, animal rescue, or foster care. No animal shall be sold for the purpose of vivisection or research or be conveyed in any manner for such purposes.
No person other than the person actually working a dog or other animal for agricultural purposes shall transport or carry on any public highway, street, road or alley such dog or other animal, unless such dog or animal is safely enclosed within the motor vehicle or protected by a container, cage, cross tether or other device to prevent the dog or animal from falling from, being thrown from or jumping out from said motor vehicle.
No person shall leave a dog or other animal in any unattended motor vehicle or structure without adequate ventilation, sanitary conditions or in such a manner as to subject the dog or other animal to extreme temperature which may adversely affect the health and safety of the dog or animal.
It shall be unlawful for any owner or possessor of any cat to permit such cat to run free outside the residence of its owner or possessor unless such cat has been:
A. 
Neutered or spayed to prevent procreating;
B. 
Immunized against rabies in compliance with Pennsylvania law; and
C. 
Appropriately "tipped" on the left ear to signify that it has been neutered/spayed and immunized.
It shall be unlawful for any person to feed any stray or feral cat as such feeding causes a nuisance to the Borough of Archbald and its residents and creates a condition contrary to the health, safety, and welfare of the Borough of Archbald and its residents. It shall not be unlawful for any person participating in a trap, neuter and return program (TNR program) specifically authorized by the Borough of Archbald or for a sponsor to feed stray or feral cats.
Animal welfare organizations, or any other qualified person, may make application to the Borough of Archbald to serve as a sponsor of a trap, neuter and return program (TNR program). Sponsors authorized by the Borough of Archbald shall have the following duties and responsibilities:
A. 
Sponsors must register with the Archbald Borough Manager each feral cat colony the sponsor is managing with the Borough of Archbald. Information submitted to the Borough of Archbald shall include general location (neighborhood), number of cats in the colony, and number of caretakers working the colony.
B. 
Sponsors must provide a written report to the Borough of Archbald, on an annual basis, recording and reporting on the intake and disposition of each feral cat brought to the sponsor's facility. This written report is due on December 31 of each year the sponsor has been authorized to act as a sponsor within the Borough of Archbald.
C. 
Sponsors must provide a written report to the Borough of Archbald, on an annual basis, recording and reporting on the number of sterilized members of each feral cat colony within the Borough of Archbald for which they have implemented a TNR program. This written report is due on December 31 of each year the sponsor has been authorized to act as a sponsor within the Borough of Archbald.
D. 
Sponsors must provide a written report to the Borough of Archbald, on an annual basis, recording and reporting on the number of kittens born into each feral colony within the Archbald Borough for which they have implemented a TNR program. This written report is due on December 31 of each year the sponsor has been authorized to act as a sponsor within the Borough of Archbald.
E. 
Sponsors must address complaints received by the Borough of Archbald and passed along to the sponsor regarding caretaker behavior and sponsors must serve as an intermediary to address and, where possible, remediate such behavior within a reasonable period of time, based on the matters at issue and utilizing Borough of Archbald resources when necessary.
A. 
Subject to the other terms of this article, any person who violates any provision of this article commits a summary offense and, upon conviction thereof for a first offense, shall be subject to a fine of not less than $100 nor more than $300, plus all costs of prosecution, shall be subject to imprisoned for up to 90 days, or both.
B. 
For any second or subsequent offense that occurs within 365 days of sentencing for the prior violation, a person shall be charged with a summary offense, and upon conviction thereof, shall be fined not less than $300, plus all costs of prosecution, and be subject to up to imprisonment for up to 90 days, or both.
C. 
Each day there is a violation of this article constitutes a separate violation of this article.
The provisions of the article, as far as they are the same as those of ordinances in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and not as new enactments. The provisions of this article shall not affect any such suit or prosecuting pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this article.
The provisions of this article are severable, and if any of its provisions shall be held to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of any of the remaining provisions of this article. It is hereby declared as the legislative intent of the Archbald Borough Council that this article would have been adopted had such unconstitutional, illegal, or invalid provision not been included herein.